Grounds for making a referral to the List

The Information Note on the Protection of Children (Scotland) Act 2003 - Disqualified from Working with Children List (Scottish Executive 2003) states that:

“An organisation will have a duty to make a referral to Scottish Ministers if an individual working in a child care position harms a child or puts a child at risk of harm AND is dismissed or moved away from access to children as a consequence. In addition, a person in a child care position who harms a child or puts a child at risk of harm AND would have been dismissed if they had not resigned, retired, been made redundant or left at the end of a temporary contract, must also be referred to Scottish Ministers.” (P.4 of the Guidance for Organisations)

The Explanatory Notes to the Act state that:

“It is important to understand that no referral can be made unless the organisation has (or would, but for a resignation, retiral, redundancy or contract expiry, have) taken steps to remove the individual from his or her present position.” (Para. 9 of the Explanatory Notes).